House Bill 1285

AN ACT TO AMEND SECTION 3-3-15, MISSISSIPPI CODE OF 1972, TO REQUIRE GOVERNMENTAL ENTITIES THAT RECEIVE STATE FUNDS AND PUBLIC COLLEGES AND UNIVERSITIES TO DISPLAY THE OFFICIAL STATE FLAG ON MONDAY THROUGH FRIDAY OF EACH WEEK ON OR AT EACH BUILDING IN WHICH AN OFFICE OF THE GOVERNMENTAL ENTITY IS LOCATED AND ON EACH CAMPUS OF EACH PUBLIC COLLEGE OR UNIVERSITY; TO REQUIRE THAT IF A GOVERNMENTAL ENTITY OR A PUBLIC COLLEGE OR UNIVERSITY IS NOT DISPLAYING THE OFFICIAL STATE FLAG AS REQUIRED BY THIS SECTION, THE ATTORNEY GENERAL SHALL NOTIFY THE GOVERNMENTAL ENTITY OR THE PUBLIC COLLEGE OR UNIVERSITY OF THE NONCOMPLIANCE, AND THE STATE FISCAL OFFICER SHALL WITHHOLD THE PAYMENT OF ALL STATE FUNDS TO THE GOVERNMENTAL ENTITY OR THE PUBLIC COLLEGE OR UNIVERSITY UNTIL SUCH TIME AS IT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 3-3-15, Mississippi Code of 1972, is amended as follows:

3-3-15. (1) The official state flag may be displayed from all public buildings from sunrise to sunset, and shall be displayed on Monday through Friday of each week from sunrise to sunset on or at each building in which an office of a governmental entity that receives state funds is located and on each campus of each public college or university; however, the state flag may be displayed from all public buildings and on public college or university campuses twenty-four (24) hours a day if properly illuminated. The state flag should not be displayed when the weather is inclement, except when an all-weather flag is displayed. The state flag shall receive all of the respect and ceremonious etiquette given the American flag. * * *~~Provided,~~ However, nothing in this section shall be construed so as to affect the precedence given to the flag of the United States of America.

(2) (a) If the Attorney General receives notification or otherwise has knowledge that a governmental entity that receives state funds or a public college or university is not displaying the official state flag as required by subsection (1) of this section, the Attorney General shall notify the governmental entity or the public college or university in writing that:

(i) He has information indicating that the governmental entity or the public college or university is not in compliance with the requirements of subsection (1) of this section;

(ii) The governmental entity or the public college or university has thirty (30) days to show to the satisfaction of the Attorney General that it is in compliance with the requirements of subsection (1) of this section; and

(iii) If the governmental entity or the public college or university does not meet the requirements of subparagraph (ii) of this paragraph, the Attorney General will notify the State Fiscal Officer of the governmental entity or the public college or university's noncompliance with the requirements of subsection (1) of this section, and the State Fiscal Officer will withhold the payment of all state funds from the State Treasury to the governmental entity or the public college or university until such time as it is in compliance with the requirements of subsection (1) of this section.

(b) The State Fiscal Officer, upon receipt of notification from the Attorney General under subsection (1) of this section that a governmental entity or a public college or university is not in compliance with the requirements of subsection (1) of this section, shall withhold the payment of all state funds from the State Treasury to the governmental entity or the public college or university until such time as it is in compliance with the requirements of subsection (1) of this section, as determined by the Attorney General.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.